Request for Proposals for the Appointment of a Service ... and...Section 23 of the Constitution of the Republic of South Africa, Act 108 of 1996, lays the basis for good labour relations

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Request for Proposals for the Appointment of a Service Provider/Practitioner to develop a Local

Labour Forum for Employer Representatives Training Programme on Behalf of SALGA

BID NO. SALGA/59/2017

Closing date and time: 26 January 2018 at 11:00 am

Bid Validity Period: 120 Days

TENDER BOX ADDRESS:

Menlyn Corporate Park

c/o Garsfontein and Corobay Avenue

Waterkloof Glen

TEL: (012) 369 8000

EMAIL: [email protected]

WEBSITE: www.salga.org.za

Request for Proposals for the Appointment of a Service provider/practitioner to develop a formalised Local Labour Forum for Employer Representatives Training Programme on Behalf of SALGA

RFP no.:SALGA/59/2017

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1. INTRODUCTION

The South African Local Government Association (SALGA) is a public entity established by the Organised Local Government Act (Act 52 of 1997) to assist in the comprehensive transformation of local government in South Africa. SALGA is managed within the framework of the Public Finance Management Act (Act 1 of 1999) and is listed as a schedule 3A public entity. Its main objectives are to:

Represent, promote and protect the interests of local government; Transform local government to enable it to fulfil its developmental role; Enhance the role and status of its members as provincial representatives and

consultative bodies of local government; Enhance the role and status of municipalities; Be recognised by national and provincial governments to be the representative and

consultative body in respect of all matters concerning local government and to make representations to both provincial and national governments in respect of any matter concerning local government;

Ensure the full participation of women in organised local government; Be the National Employers’ Association representing all municipal members and,

by agreement, associate members.

2. SALGA MANDATE

Developmental Local Government is an essential component of the machinery of government. In accordance with its constitutional mandate, SALGA is obliged to transform the local government sector to one that has the required capacity to make a meaningful contribution to poverty alleviation, economic development and all socio-economic opportunities that the state has geared itself to provide for its people. SALGA also serves as the representative voice of all 257 municipalities in the country. For the past 20 years, since its establishment, SALGA has endeavoured to bring focus to its mandate of supporting local government transformation in a complex environment, characterised by a highly diverse and diffuse membership-base of municipalities. In terms of its amended Constitution, SALGA is a unitary body that consists of a national association and nine provincial offices. Its mandate rests on six primary pillars: (1) Representation, Advocacy and Lobbying refers to representing the interests of

members in legislatures and other policy making and oversight structures. It also refers to engaging with various stakeholders, public debates etc. in the interest of Local Government.

(2) Employer Body refers to being an effective employer representative for members.

Employer representation is carried out through collective bargaining (in terms of the Labour Relations Act) in various structures including but not limited to those established in the South African Local Government Bargaining Council.

(3) Capacity Building refers to facilitating capacity building initiatives through among

others; representing member interests in the Local Government Sector Education Authority (LGSETA). SALGA strives to facilitate a coherent, well-co-ordinated capacity building programme for municipal councillors and officials.



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(4) Support and Advice refers to the provision of tools and services that enable municipalities to understand and interpret trends, policies and legislation affecting Local Government and to implement the said policies and plans

(5) Strategic Profiling of Local Government refers to enhancing the profile and image of

local government as an important and credible agent for the delivery of services. Profiling focuses within South Africa, the African continent and the rest of the world.

(6) Knowledge and Information Sharing refers to building and sharing a comprehensive

hub of Local Government knowledge and intelligence that will enable informed delivery of other SALGA mandates. The knowledge hub is also a useful reference point for all who seek Local Government information.

Diagrammatically the mandate is depicted as follows:



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3. PURPOSE OF THIS REQUEST

The purpose of this document is to call for proposals from suitable, knowledgeable and competent service providers/practitioners in the Local Government labour relations environment to assist the South African Local Government Association (SALGA) to develop a formalised Local Labour Forum training programme for Employer Representatives. The service provider/practitioner must also demonstrate competence and knowledge of the skills development environment including but not limited to materials development, programme conceptualisation and customisation, train the trainer conceptualisation and delivery. The development entails reviewing in the first instance the Local Labour Forum Guidelines currently in existence which are the basis of LLF inductions conducted under the auspices of portfolio based inductions. The materials development output for this programme must include a learner guide, a facilitator guide, a powerpoint presentation and the development of project related templates applicable to project management standards of programme implementation, monitoring and evaluation).

4. BACKGROUND AND PROGRAMME IMPLEMENTATION CONTEXT The Local Government Capacity Building Funding Plan 2017/18 -2020/21 which was submitted to the LGSETA provides for, amongst others; the implementation of continuous development programmes under the auspices of the SCLG as outlined in the diagram below:

CORE PROGRAMMES:

Core learning Programmes

Integrated Councillor Induction Programme

Leadership in Municipal Governance Programme

Municipal Leaders Media and Stakeholder Engagement

Programme

Women Leadership Development Programme

Senior Managers Induction Programme



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CONTINUOUS DEVELOPMENT PROGRAMMES:

PRODUCTS AND SERVICES:

Section 23 of the Constitution of the Republic of South Africa, Act 108 of 1996, lays the basis for good labour relations and collective bargaining. The Labour Relations Act, 66 of 1995 (hereafter referred to as the Act) prescribe how this constitutional mandate can be achieved. The primary purpose of the Act was to change the law governing labour relations with specific focus on, amongst other things, promoting and

Continuous Development Programmes

Local Labour Forum Training for Employers

Performance Management Training

Job Task Evaluation Training

Annual Local Government

Seminars

Local Links Leadership (Seminar Styled)

Programme

Annual Local Government Employment/Labour Law Seminar Programme

Annual Local Government HR

Governance Seminar

Annual Local Government Performance

Management Seminar Programme

Back to Basics-Leadership

Development Programme

Products and Services

Leadership Competency Model Online Assessment

Tool

Municipal Leadership Competency Assessment

Centre

Online Communities of Practice

E-learning Services



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facilitating collective bargaining at the workplace and at sectoral level. This resulted in the establishment of the Sectoral bargaining Councils, as provided for in Section 27 of the Act. Local Government as a sector was no exception. Prior to the Labour Relations dispensation, there were a lot of disparities in terms of the representation of stakeholders in labour relations structures. According to the Constitution of the South African Local Government Bargaining Council (SALGBC), an interim structure called the National Labour Relations Forum (NLRF) was established to ensure that all trade unions and employer organizations participated under one single institution. This forum was responsible for the transformation of the labour relations environment in local government. Each year the South African Employment/labour law environment undergoes shifts informed by changes in labour legislation, judicial precedents/ case law and sector based labour relations practices such as collective bargaining outcomes ,dispute settlements and the significance of a stable or lack thereof of a labour relations environment to the achievement of organisational goals and objectives. This reality is no different to the local government sector.

The Local Labour Forum Training Programme for Employer Representatives is targeted at Councillors and senior municipal officials appointed by Municipal Councils as employer representatives in the local labour forums. The programme aims to capacitate employer representatives in the LLF with the necessary skills and knowledge to understand:

a) The mandate and structure of the LLF and how employer. Representatives can drive the IDP/strategic objectives of the municipality.

b) The contribution of the LLF towards improved governance and labour peace and stability.

c) Utilising the LLF as a vehicle for institutionalizing the service charter/accord. d) Utilising the LLF as a vehicle for institutionalizing minimum service agreements

(MSAs) for designated essential services.

e) Collective Bargaining for local matters delegated to the LLF by the organizational rights agreement

f) Using the LLF as a vehicle for enhancing relationship building between employer and organized labour at a local level.

g) SALGA mandating processes.

5. SCOPE OF WORK

SALGA intends to appoint a suitably qualified and competent service provider/practitioner to assist with the following services:

A. REVIEW OF THE CURRENT CONTENT AND AMENDMENTS (LEGISLATION/SYSTEMS/PROCESSES/BARGAINING COUNCIL AND LABOUR RELATIONS PROTOCOLS):

Review the SALGBC LLF Training Manual in line with all legislation enacted and policy changes made to date applicable to employer representatives in the local labour forums , having regard to responsibilities of the employer as set out in the Municipal Systems Act, the Organisational Rights Agreement and applicable frameworks and best practices;



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Engage relevant stakeholders to solicit their inputs during the review and final draft. Produce Final Draft for sign off and related documents.

B. DESIGN AND DEVELOPMENT OF A FORMAL SKILLS PROGRAMME Materials development must account for all areas of learning related to the mandate of the local labour forum and its corresponding role to furthering the objectives of the Integrated Development Plan (IDP) and fostering good governance as well labour peace and stability at a local level including providing for content inclusion of important imperatives in local government such as the structure of collective bargaining in local government, the service charter, institutionalising minimum service agreements and enhancing the local labour forum as a structure of optimal relationship building between the employer and organised labour at a local level-all of these areas of learning must be formulated into theme based modules

C.DEVELOP A STANDARDISED LEARNER GUIDE, FACILITATOR GUIDE, POWERPOINT PRESENTATION AND THE DEVELOPMENT OF PROJECT RELATED TEMPLATES FOR PROGRAMME IMPLEMENTATION, MONITORING AND EVALUATION.

D. DEVELOP AND ADMINISTER/FACILITATE TRAIN THE TRAINER PROGRAMME FOR THE SALGA FACILITATOR COHORT (HYBRID OF COMMUNITY OF PRACTICE (CoP) AND SALGA DEPLOYED SPECIALISTS TO SALGBC).

The development/administration of the training the trainer programme for the facilitator cohort in order to prepare them for their facilitation role which will be discharged during the rollout of the programme.

E. ARTICULATION OF A DELIVERY MODEL

The delivery model must clearly articulate a blended learning approach which may include either a purely classroom based and/or a combination of classroom and online learning methodologies.

5.1 BIDDER REQUIREMENTS The appointed bidder/practitioner will be expected to demonstrate technical ability and capacity to undertake an assignment of this complexity.

The bidder/practitioner must fulfil the following requirements:

a) A proven written track record for managing projects of a comparative size and nature accompanied by 3 contactable references;

b) A proven written track record in materials development for skills programmes, c) A detailed project management plan that outlines the details of all the elements of the

programme from development to close out; d) As part of the proposal the service provider/practitioner must demonstrate the

understanding of the implementation of the training programme of this magnitude by outlining the following details amongst others;

A project plan reflecting the scheduling, organisation and resource mobilisation that will match the nature of the project;

e) The bidder/practitioner must have an administrative capacity, including office space, equipment and personnel that is commensurate with delivery of a large project. To this end SALGA will reserve the right to conduct a site inspection of the premises of the Bidder.

f) The service bidder/practitioner must provide a detailed project budget breakdown.



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g) Submission of a final project close out report.

5.2. CONTENT OF PROPOSAL

(Information to be submitted by the bidders)

The proposal should include

5.2.1. all relevant perceived strengths and weaknesses of the firm bidding for the service, e.g. similar previous experience, in-house skills, etc; providing information which will assist SALGA to assess its capabilities, competitive advantages, etc.;

5.2.2. the summary of the bidder’s mission statement, the vision statement, values and long term strategies and objectives as comprehensively as possible;

5.2.3. a list of references of previous and current appointments relevant to the required services; examples of such services capabilities and experience and more specifically the number and size of organisations where service rendered in specific sectors in government and areas of expertise.

5.2.4. an organogram or list of partners, managers, specialists, together with the curriculum vitae of the staff who will be available for the duration of the work; any staff changes regarding staff allocated to SALGA must be done in consultation with the Project Manager representing the organisation. The successful bidder should provide experienced specialists relevant to the required services.

5.2.5. A breakdown of the project costs VAT inclusive, per category as required for services rendered. Expenditure incurred without the prior approval of SALGA will not be reimbursed. An analysis of costs must be given to cover the full amount, and where possible, costs should be linked with specific tasks to be undertaken. All other incidental costs should be included in the budget breakdown.

5.2.6. In so far as is possible, a comprehensive budget, showing the service of activities proposed, with charge-out rates and budgeted hours per activity, detailing all assumptions made in arriving at a proposed budget, including all cost factors such a traveling.

5.2.7. How the bidder proposes to provide governance assistance to SALGA; and

5.2.8. In so far as is possible, provide an overview of the methodology to be applied.

5.2.9. How the bidder will ensure that there is transfer of skills to the SALGA team.

5.3 APPOINTMENT, COMMENCEMENT AND DURATION

The appointed bidder /practitioner is anticipated to commence the work upon appointment for a duration of 18 of months and end on the completion of the project.



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5.4. DESCRIPTION AND EXTENT OF WORK (PROJECT MANAGEMENT)

5.4.1. Performing of assignments

Assignments are to be performed in accordance with the industry/profession standards as well as the terms of reference. All reports will be reviewed by the relevant Project Manager representing the organisation.

All working papers and reports and documents will become the property of SALGA.

The successful bidder shall work with the Directorate of SALGA on the planning of various phases of the service activities, and must be prepared to regularly report the progress to the relevant Project Manager.

5.4.2 Timing of assignments

The performance of this assignment shall be in accordance with the approved plan by the Project Committee. The final responsibility of approving the scope and extent of the work resides with the relevant Project Manager.

5.4.3 Quality assurance reviews of the work

The bidder/practitioner shall ensure that all work conforms to the required SETA quality assurance standards

5.5.4 Monitoring progress of assignments

On a mutually agreed basis, the bidder/practitioner shall meet with the Project Manager to report progress of the work, and at the Project Committee meetings.

5.5.5 Payments

SALGA undertakes to pay out within a reasonable time period all valid claims for work done to its satisfaction upon presentation of a substantiated claim. No payment will be made on outstanding information not submitted by the bidder/practitioner/practitioner.

The parties shall, upon appointment of the bidder/practitioner/practitioner, sign a service level agreement to govern their business relationship.

Acceptance of any bid does not mean that work on an uninterrupted basis is guaranteed for the duration of the contract.

5.5.6 Expenditure incurred by the bidder

The SALGA will not be held responsible for any costs incurred by the bidder in the preparation and submission of the bid.



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6. INSTRUCTION TO BIDDERS

6.1 General Instructions

This document constitutes a Request for Proposal (RFP), which specifies SALGA’s requirements for an LGSETA accredited bidder/practitioner to develop a formalised Local Labour Forum for Employer Representatives Training Programme on Behalf of SALGA.The information contained herein provides a format to facilitate bidder’s responses to this RFP. It is important that the format be followed closely to help maintain the decision making timetable. Responses must be presented in the same order as the requirements appear, section by section, and numbered accordingly, with acknowledgement of all clauses. All pricing information should be fully disclosed with all charges clearly defined, i.e. a per unit fee based on activity. Please feel free to address any other potential services not specifically mentioned in this RFP that may be of benefit to the National Executive Committee (NEC) of SALGA which is the organisation’s accounting authority. 6.2 Objectives

SALGA’s objective in the call for proposals is to select a service provider/practitioner to develop a formalised Local Labour Forum for Employer Representatives Training Programme on Behalf of SALGA.

6.3 Terms of Contract

The term of the contract shall be regulated by the Service Level Agreement (SLA) to be concluded with the winning bidder. It is anticipated that the term of the contract shall be for the duration of the assignment and shall expire upon fulfilment of the scope of work. The contract may be extended by mutual agreement. Thirty (30) days written notice must be given if either party wishes to terminate the agreement prior to the contract’s expiry date. 6.4 Questions during Proposal Process

Any enquiries regarding this RFP should be directed to Nokwanda Msomi, Senior Buyer: SCM at [email protected] , located at the SALGA National Office – 012 369 8000. Questions will only be taken up to four days prior the closing date. Bidders finding apparent discrepancies or omissions in the RFP should notify Acting Head: Supply Chain Management at [email protected] at once. Bidders may during the bidding period, be advised by Addenda, of any additions, clarifications, deletions or alterations to these specifications. All such changes should be covered by the bidder’s proposal. Information used in the preparation of a proposal from other than this RFP and any written addenda (considered as the proposal documents) will not be considered as valid or official. No further addenda will be issued by SALGA after 12:00 noon, four business days prior to RFP closing without providing an extension of time. 6.4 Submission of Proposal

Submit four copies of the proposal, in sealed opaque envelopes and clearly marked RFP Response – Bid SALGA/59/2017 Request for Proposals for Appointment of Service provider/practitioner to develop a Local Labour Forum for Employer Representatives Training Programme on Behalf of SALGA addressed to: E-mail address:



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Nokwanda Msomi at [email protected] Or physical address:

South African Local Government Association (SALGA) Menlyn Corporate Park Block B; 175 Corobay Avenue corner Garsfontein & Corobay Avenue Waterkloof Glen ext. 11 PRETORIA 0181 Attention: Ms Nokwanda Msomi Senior Buyer: SCM Proposals will be received at the reception desk on the first floor, during regular business hours only, up to 26 January 2018 at 11:00 am. Late submissions will not be accepted. Bidders remain solely responsible for the method of conveyance of their proposal to the receiving point. Fax transmissions or any other electronic communications are not acceptable. SALGA will not be responsible for any costs incurred by the bidders associated with the preparation of responses to the RFP. Proposals received past the time stated above will not be considered, and will be returned to the bidder unopened. Proposals will not be opened in public. All proposals will remain in force and will be irrevocable for hundred and twenty days after the proposal closing. Proposals shall be stipulated sums without escalator clauses or other qualifications. 7.6. Contract Award

SALGA reserves the right to accept any proposal submitted, or reject all proposals. Any proposal submitted, that is not in complete compliance with the requirements of the proposal documents may be accepted or disqualified, at the option of SALGA. Please outline in your proposal the assistance your institution is prepared to provide in order to meet the estimated contract duration period for the full implementation of the scope of work. 7.7 Termination of Contract

SALGA reserves the right to terminate the agreement with 30 days written notice to the winning bidder subject to the following:



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7.7.1 the winning bidder fails to perform in accordance with the specified service requirements as set out in the RFP;

7.7.2 the winning bidder fails to provide project deliverables as defined under part Error! Reference source not found.above without written explanation;

7.7.3 the winning bidder otherwise violates the provisions of the RFP to a substantial degree.

7.8 Liability

SALGA will not be held liable for any actions of the winning bidder and/or its employees. 7.9 Important Dates

Please note that some of the dates are based on estimated project timeframes.

8 CONDITIONS OF BID (FAILURE TO MEET ANY OF THE REQUIREMENTS BELOW MAY RENDER YOUR BID PROPOSAL NON-RESPONSIVE)

8.1. The requirement for content of the project proposal section below outlines the information that must be included in bid offers. Failure to provide all or part of the information may result in your bid being excluded from the evaluation process.

8.2. A contract will be signed with the appointed Bidder/practitioner/. 8.3. The bidder/practitioner will be required to sign confidentiality and indemnity agreements

with SALGA. 8.4. SALGA may at its own discretion vary an instruction to include more work. 8.5. Failure to comply with any condition of this request for a proposal will invalidate

respective tender proposal 8.6. In the event that any conflict of interest is discovered during the assignment, SALGA

reserves the right to summarily cancel the agreement and demand that all the information, documents and property of SALGA be returned forthwith.

8.7. SALGA reserves the right to request new or additional information regarding each bidder and any individual or other persons associated with its project proposal.

8.8. Bidders shall not make available or disclose details pertaining to their project proposal with anyone not specifically involved, unless authorized to do so by SALGA.

8.9. Bidders shall not issue any press release, social media or other public announcement pertaining to the details of their project without the prior written approval of SALGA.

8.10. Bidders are required to declare any conflict of interest they may have in the transaction for which the bid is submitted or any potential conflict of interest. SALGA reserves the right not to consider further any bid where such a conflict of interest exists or where such potential conflict of interest may arise.

8.11. The bid offers and proposals should be valid and open for acceptance by SALGA for a period of 120 days from the date of submission.

8.12. Bidders are advised that submission of a project proposal gives rise to no contractual obligations on the part of SALGA.

8.13. Disputes that may arise between SALGA and a bidder must be settled by means of mutual consultation, mediation (with or without legal representation) or, when unsuccessful, in a South African court of law.

8.14. In addition to adherence to the specific terms and conditions of proposals, provided in this document, the bidder shall be bound by the provisions of the General Conditions of Contract attached hereto, an originally signed copy of which must be submitted together with all other bid documentation.



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8.15. All returnable bid documents must be completed in full and submitted together with the bidder's proposal.

8.16. SALGA will not be liable for costs incurred during the site visits or any other cost related to the submission of the bid.

8.17. Completion of the Standard Bidding Documents stated herein below is mandatory, failure to do so may render your bid offer invalid.

8.18. Standard Bidding Forms

18.8.1. Preference Points Claim form

Form SBD 6.1 - Bidders must complete this document in full, special attention must be given to section 8 and 9. DO NOT RETYPE THESE FORMS. They must be completed on the original and signed, all in black ink.

18.8.2. Declaration of Interest

Form SBD 4 - Bidders must complete this document in full. DO NOT RETYPE THESE FORMS. They must be completed on the original and signed, all in black ink.

18.8.3. Declaration of past Supply Chain Management Practice


18.8.4. Certificate of Independent Bid Determination


9 EVALUATION

The following evaluation method will be used:

After the closing date of the bid invitation, an appointed evaluation committee of SALGA officials and possibly other external parties will evaluate the proposals of the bidders.

The committee will individually evaluate each of the bid proposals received against the appointed criteria as provided for in Preferential Procurement Regulations, 2017

All proposals submitted will be evaluated on three categories:

Functionality (technical content) Price B-BBEE status level of contribution

Bids will be evaluated in accordance with the Preferential Procurement Regulations, 2017, using the 80/20 split. The 80/20 preference points system applies for acquisition of goods or services for Rand value equal or above R30 000 and up to R50 million. Firstly, the assessment of functionality will be done in terms of the evaluation criteria and the minimum threshold value of 65 points. A bid will be disqualified if it fails to meet the minimum threshold value for functionality as per the bid invitation.



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A Bid Evaluation Committee will review and evaluate the proposals. A maximum of four (4) bidders may be invited to present their proposal for the purpose of providing clarification and answers to questions by the committee. If presentations are necessary they will be made on the date, time and location to be confirmed. Thereafter, only the qualifying bids after the presentation will be evaluated in terms of the 80/20 preference points systems, 80 points will be used for price only and the 20 points will be used for B-BBEE Status Level of Contribution. The price points will be calculated in accordance with the formula prescribed in Regulation 6. (1) of the Preferential Procurement Regulations, 2017. A recommendation for the awarding of the contract will be made at the meeting of the Bid Adjudication Committee to be confirmed, where applicable. For functionality, the following criteria will be applicable and the maximum value of points breakdown for each criterion using these scale level descriptors: SCALE LEVEL DESCRIPTIONS RATING

No relevant response or information given to enable evaluation 0

Very poor response based on expected standard 1

Poor response based on expected standard 2

Average response based on expected standard 3

Good response based on expected standard 4

Excellent response based on expected standard 5 Points Breakdown:

The 80/20 points system will be used when evaluating this Request for Proposal. CRITERIA FOR FUNCTIONALITY

BREAKDOWN OF POINTS WEIGHTS

Understanding of the brief as well as submission of supporting documentation (Written track record in developing and implementing seminars, detail project plan and administrative capacity).

0= Lack of understanding of key deliverables and non- submission of documentation 3= Understanding of key deliverables and submission of documentation 5= Understanding of key deliverables and submission of all documentation as per terms of reference.

15

Approach and methodology (to include project plan to cover scope of work)

0= no submission of project plan and approach 3= Submission of project plan, management plan and methodology approach in line with scope of work 5= Submission of project plan & management plan(that outlines the details of all the elements of seminar

40



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development to close out) in line with scope of work

A proven written track record in developing and implementing a training programme in the discipline of local labour forum

0= none; 1=one letter; 2= two letters, 3= three letters, 4= four letters and 5= five letters.

30

Administrative capacity ( including office space, equipment and personnel)

0= none, 3= Capacity (office space, equipment and personnel). 5= Office space (lease agreement), equipment and personnel (CVs and proof of qualifications)

15

Total for functionality 100 Threshold 65

Bidders who score 65 (average) points and above will be considered in phase 2 of the evaluation. The remaining 20 points will be allocated in terms of Regulation 6(2) and 6(3) of the Preferential Procurement Regulations, 2017, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor Number of points (80/20 system)

1 20 2 18 3 14 4 12 5 8 6 6 7 4 8 2

Non-compliant contributor 0

Phase 2 of evaluation will include the sum of the two criterions below: CRITERIA WEIGHT Price 80 B-BBEE status level of contribution 20 TOTAL 100

Bidders must submit proof of their B-BBEE status level of contributor. A bidder failing to submit proof of B-BBEE status level of contribution or is a non-compliant contributor to B-BBEE may not be disqualified but may only score points out of 80 for price, and score 0 points out of 20 for B-BBEE.

10 GENERAL CONDITIONS

The following should be noted by interested parties: Intellectual property and ownership of all materials and products developed in the

execution of the contract will be vested in SALGA.



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Materials and products may not be made available to any unauthorized person or institution or sold for profit without prior written consent from SALGA.

On completion or termination of the agreement, all materials and products must be handed over to SALGA.

No information concerning the tender or award of the tender may be made available by the bidder to other parties without prior consultation and written approval from SALGA.

SALGA may at its own discretion vary this instruction to include more scope / work or to exclude work/service areas. In the case of the latter, the bidder shall not be entitled to claim for any work not required and may engage SALGA on the pricing of the additional work/ service proposed.

All copyright and intellectual property rights that may result as a consequence of the work to be performed shall reside with SALGA and the bidder/practitioner shall be required to sign an agreement of confidentiality.

SALGA may dictate the framework in which documents (policies, plans, report etc.) shall be submitted; however the bidder/practitioner should be able to submit a proposal on the lay-out of his/her choice for consideration by SALGA.

SALGAs (general conditions of bid, contract and order) shall be applicable to this bid. The bidder/practitioner shall be required to conclude and sign a Service Level

Agreement (SLA) after the appointment. SALGA reserves the right not to award the bid to any bidder at its own discretion.

SBD1

1

PART A INVITATION TO BID

YOU ARE HEREBY INVITED TO BID FOR REQUIREMENTS OF THE SOUTH AFRICAN LOCAL GOVERNMENT ASSOCIATION (SALGA) BID NUMBER: SALGA/59/2017 CLOSING DATE: 26 JANUARY 2018 CLOSING TIME: 11:00

DESCRIPTION Request for Proposals for the Appointment of a Service Provider/Practitioner to develop a Local Labour Forum for Employer Representatives Training Programme on Behalf of SALGA

THE SUCCESSFUL BIDDER WILL BE REQUIRED TO FILL IN AND SIGN A WRITTEN CONTRACT FORM (SBD7). BID RESPONSE DOCUMENTS MAY BE DEPOSITED IN THE BID BOX SITUATED AT (STREET ADDRESS)

SALGA NATIONAL OFFICE, FIRST FLOOR, BLOCK B, MENLYN CORPORATE PARK, C/O GARSFONTEIN AND COROBAY AVENUE, WATERKLOOF GLEN

SUPPLIER INFORMATION

NAME OF BIDDER

POSTAL ADDRESS

STREET ADDRESS

TELEPHONE NUMBER CODE NUMBER

CELLPHONE NUMBER

FACSIMILE NUMBER CODE NUMBER

E-MAIL ADDRESS

VAT REGISTRATION NUMBER

TCS PIN: OR CSD No: B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE [TICK APPLICABLE BOX]

Yes

No

B-BBEE STATUS LEVEL SWORN AFFIDAVIT

Yes

No IF YES, WHO WAS THE CERTIFICATE ISSUED BY?

AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA) AND NAME THE APPLICABLE IN THE TICK BOX

AN ACCOUNTING OFFICER AS CONTEMPLATED IN THE CLOSE CORPORATION ACT (CCA)

A VERIFICATION AGENCY ACCREDITED BY THE SOUTH AFRICAN ACCREDITATION SYSTEM (SANAS)

A REGISTERED AUDITOR NAME:

[A B-BBEE STATUS LEVEL VERIFICATION CERTIFICATE/SWORN AFFIDAVIT(FOR EMEs& QSEs) MUST BE SUBMITTED IN ORDER TO QUALIFY FOR PREFERENCE POINTS FOR B-BBEE] ARE YOU THE ACCREDITED REPRESENTATIVE IN SOUTH AFRICA FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES ENCLOSE PROOF]

ARE YOU A FOREIGN BASED SUPPLIER FOR THE GOODS /SERVICES /WORKS OFFERED?

Yes No [IF YES ANSWER PART B:3 BELOW ]

SIGNATURE OF BIDDER ……………………………… DATE CAPACITY UNDER WHICH THIS BID IS SIGNED (Attach proof of authority to sign this bid; e.g. resolution of directors, etc.)

TOTAL NUMBER OF ITEMS OFFERED TOTAL BID PRICE (ALL INCLUSIVE)

BIDDING PROCEDURE ENQUIRIES MAY BE DIRECTED TO: TECHNICAL INFORMATION MAY BE DIRECTED TO: DEPARTMENT/ PUBLIC ENTITY CONTACT PERSON CONTACT PERSON TELEPHONE NUMBER TELEPHONE NUMBER FACSIMILE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS E-MAIL ADDRESS

SBD1

2

PART B TERMS AND CONDITIONS FOR BIDDING

1. BID SUBMISSION: 1.1. BIDS MUST BE DELIVERED BY THE STIPULATED TIME TO THE CORRECT ADDRESS. LATE BIDS WILL NOT BE ACCEPTED FOR

CONSIDERATION. 1.2. ALL BIDS MUST BE SUBMITTED ON THE OFFICIAL FORMS PROVIDED–(NOT TO BE RE-TYPED) OR ONLINE

1.3. BIDDERS MUST REGISTER ON THE CENTRAL SUPPLIER DATABASE (CSD) TO UPLOAD MANDATORY INFORMATION NAMELY: ( BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS; AND BANKING INFORMATION FOR VERIFICATION PURPOSES). B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION.

1.4. WHERE A BIDDER IS NOT REGISTERED ON THE CSD, MANDATORY INFORMATION NAMELY: (BUSINESS REGISTRATION/ DIRECTORSHIP/ MEMBERSHIP/IDENTITY NUMBERS; TAX COMPLIANCE STATUS MAY NOT BE SUBMITTED WITH THE BID DOCUMENTATION. B-BBEE CERTIFICATE OR SWORN AFFIDAVIT FOR B-BBEE MUST BE SUBMITTED TO BIDDING INSTITUTION.

1.5. THIS BID IS SUBJECT TO THE PREFERENTIAL PROCUREMENT POLICY FRAMEWORK ACT 2000 AND THE PREFERENTIAL

PROCUREMENT REGULATIONS, 2017, THE GENERAL CONDITIONS OF CONTRACT (GCC) AND, IF APPLICABLE, ANY OTHER LEGISLATION OR SPECIAL CONDITIONS OF CONTRACT.

2. TAX COMPLIANCE REQUIREMENTS 2.1 BIDDERS MUST ENSURE COMPLIANCE WITH THEIR TAX OBLIGATIONS.

2.2 BIDDERS ARE REQUIRED TO SUBMIT THEIR UNIQUE PERSONAL IDENTIFICATION NUMBER (PIN) ISSUED BY SARS TO ENABLE THE ORGAN OF STATE TO VIEW THE TAXPAYER’S PROFILE AND TAX STATUS.

2.3 APPLICATION FOR TAX COMPLIANCE STATUS (TCS) OR PIN MAY ALSO BE MADE VIA E-FILING. IN ORDER TO USE THIS PROVISION, TAXPAYERS WILL NEED TO REGISTER WITH SARS AS E-FILERS THROUGH THE WEBSITE WWW.SARS.GOV.ZA.

2.4 BIDDERS MAY ALSO SUBMIT A PRINTED TCS TOGETHER WITH THE BID.

2.5 IN BIDS WHERE CONSORTIA / JOINT VENTURES / SUB-CONTRACTORS ARE INVOLVED, EACH PARTY MUST SUBMIT A SEPARATE PROOF OF TCS / PIN / CSD NUMBER.

2.6 WHERE NO TCS IS AVAILABLE BUT THE BIDDER IS REGISTERED ON THE CENTRAL SUPPLIER DATABASE (CSD), A CSD NUMBER MUST BE PROVIDED.

3. QUESTIONNAIRE TO BIDDING FOREIGN SUPPLIERS

3.1. IS THE BIDDER A RESIDENT OF THE REPUBLIC OF SOUTH AFRICA (RSA)? YES NO

3.2. DOES THE BIDDER HAVE A BRANCH IN THE RSA? YES NO

3.3. DOES THE BIDDER HAVE A PERMANENT ESTABLISHMENT IN THE RSA? YES NO

3.4. DOES THE BIDDER HAVE ANY SOURCE OF INCOME IN THE RSA? YES NO

IF THE ANSWER IS “NO” TO ALL OF THE ABOVE, THEN, IT IS NOT A REQUIREMENT TO OBTAIN A TAX COMPLIANCE STATUS / TAX COMPLIANCE SYSTEM PIN CODE FROM THE SOUTH AFRICAN REVENUE SERVICE (SARS) AND IF NOT REGISTER AS PER 2.3 ABOVE.

NB: FAILURE TO PROVIDE ANY OF THE ABOVE PARTICULARS MAY RENDER THE BID INVALID.

ANNEXURE B SBD 4

DECLARATION OF INTEREST

1. Any legal person, including persons employed by the state¹, or persons having a kinship with

persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes an advertised competitive bid, a limited bid, a proposal or written price quotation). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where-

- the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship with

persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid.

2. In order to give effect to the above, the following questionnaire must be completed and

submitted with the bid. 2.1 Full Name of bidder or his or her representative: …………………………………………………………. 2.2 Identity Number:………………………………………………………………………………………………... 2.3 Position occupied in the Company (director, trustee, shareholder², member):

……………………………………………………………………………………………………………………. 2.4 Registration number of company, enterprise, close corporation, partnership agreement or trust:

………………………………………………………………………..………….………………………………. 2.5 Tax Reference Number: ……………………………………………………………………………………… 2.6 VAT Registration Number: ………………………………………………………………………………....

2.6.1 The names of all directors / trustees / shareholders / members, their individual identity numbers, tax

reference numbers and, if applicable, employee / PERSAL numbers must be indicated in paragraph 3 below.

¹“State” means – (a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance

Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. ²”Shareholder” means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over

the enterprise.

2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? 2.7.1 If so, furnish the following particulars:

Name of person / director / trustee / shareholder/ member: ……....……………………………… Name of state institution at which you or the person connected to the bidder is employed : ……………………………………… Position occupied in the state institution: ……………………………………… Any other particulars: ………………………………………………………………

……………………………………………………………… ………………………………………………………………

2.7.2 If you are presently employed by the state, did you obtain YES / NO

the appropriate authority to undertake remunerative work outside employment in the public sector?

2.7.2.1 If yes, did you attach proof of such authority to the bid YES / NO

document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid.

2.7.2.2 If no, furnish reasons for non-submission of such proof:

……………………………………………………………………. ……………………………………………………………………. …………………………………………………………………….

2.8 Did you or your spouse, or any of the company’s directors / YES / NO trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months?

2.8.1 If so, furnish particulars:

………………………………………………………………….. ………………………………………………………………….. …………………………………………………………………...

2.9 Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid?

2.9.1 If so, furnish particulars. ……………………………………………………………...

…………………………………………………………..…. ………………………………………………………………

2.10 Are you, or any person connected with the bidder, YES/NO

aware of any relationship (family, friend, other) between any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid?

2.10.1 If so, furnish particulars.

……………………………………………………………… ……………………………………………………………… ………………………………………………………………

2.11 Do you or any of the directors / trustees / shareholders / members YES/NO

of the company have any interest in any other related companies whether or not they are bidding for this contract?

2.11.1 If so, furnish particulars: ……………………………………………………………………………. ……………………………………………………………………………. …………………………………………………………………………….

3 Full details of directors / trustees / members / shareholders. Full Name Identity

Number Personal Income Tax Reference Number

State Employee Number / Persal Number

4 DECLARATION

I, THE UNDERSIGNED (NAME)………………………………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. ………………………………….. ..…………………………………………… Signature Date …………………………………. ……………………………………………… Position Name of bidder

November 2011

SBD 6.1

PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS 2017

This preference form must form part of all bids invited. It contains general information and serves as a claim form for preference points for Broad-Based Black Economic Empowerment (B-BBEE) Status Level of Contribution NB: BEFORE COMPLETING THIS FORM, BIDDERS MUST STUDY THE GENERAL

CONDITIONS, DEFINITIONS AND DIRECTIVES APPLICABLE IN RESPECT OF B-BBEE, AS PRESCRIBED IN THE PREFERENTIAL PROCUREMENT REGULATIONS, 2017.

1. GENERAL CONDITIONS

1.1 The following preference point systems are applicable to all bids:

- the 80/20 system for requirements with a Rand value of up to R50 000 000 (all applicable taxes included); and

- the 90/10 system for requirements with a Rand value above R50 000 000 (all applicable taxes included).

1.2

a) The value of this bid is estimated to not exceed R50 000 000 (all applicable taxes included) and therefore the 80/20 preference point system shall be applicable; or

1.3 Points for this bid shall be awarded for:

(a) Price; and

(b) B-BBEE Status Level of Contributor.

1.4 The maximum points for this bid are allocated as follows:

POINTS

PRICE 80

B-BBEE STATUS LEVEL OF CONTRIBUTOR 20

Total points for Price and B-BBEE must not exceed

100

1.5 Failure on the part of a bidder to submit proof of B-BBEE Status level of contributor together with the bid, will be interpreted to mean that preference points for B-BBEE status level of contribution are not claimed.

1.6 The purchaser reserves the right to require of a bidder, either before a bid is adjudicated or at any time subsequently, to substantiate any claim in regard to preferences, in any manner required by the purchaser.

2. DEFINITIONS

(a) “B-BBEE” means broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act;

(b) “B-BBEE status level of contributor” means the B-BBEE status of an entity in terms of a code of good practice on black economic empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act;

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(c) “bid” means a written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of goods or services, through price quotations, advertised competitive bidding processes or proposals;

(d) “Broad-Based Black Economic Empowerment Act” means the Broad-Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003);

(e) “EME” means an Exempted Micro Enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(f) “functionality” means the ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.

(g) “prices” includes all applicable taxes less all unconditional discounts;

(h) “proof of B-BBEE status level of contributor” means:

1) B-BBEE Status level certificate issued by an authorized body or person;

2) A sworn affidavit as prescribed by the B-BBEE Codes of Good Practice;

3) Any other requirement prescribed in terms of the B-BBEE Act;

(i) “QSE” means a qualifying small business enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9 (1) of the Broad-Based Black Economic Empowerment Act;

(j) “rand value” means the total estimated value of a contract in Rand, calculated at the time of bid invitation, and includes all applicable taxes;

3. POINTS AWARDED FOR PRICE

3.1 THE 80/20 PREFERENCE POINT SYSTEMS

A maximum of 80 points is allocated for price on the following basis: 80/20

min

min180

P

PPtPs

Where

Ps = Points scored for price of bid under consideration

Pt = Price of bid under consideration

Pmin = Price of lowest acceptable bid

4. POINTS AWARDED FOR B-BBEE STATUS LEVEL OF CONTRIBUTOR

4.1 In terms of Regulation 6 (2) and 7 (2) of the Preferential Procurement Regulations, preference points must be awarded to a bidder for attaining the B-BBEE status level of contribution in accordance with the table below:

B-BBEE Status Level of Contributor

Number of points

(90/10 system)

Number of points

(80/20 system)

1 10 20

2 9 18

3 6 14

Page 3 of 5

3

4 5 12

5 4 8

6 3 6

7 2 4

8 1 2

Non-compliant contributor

0 0

5. BID DECLARATION

5.1 Bidders who claim points in respect of B-BBEE Status Level of Contribution must complete the following:

6. B-BBEE STATUS LEVEL OF CONTRIBUTOR CLAIMED IN TERMS OF PARAGRAPHS 1.4 AND 4.1

6.1 B-BBEE Status Level of Contributor: . = ………(maximum of 10 or 20 points)

(Points claimed in respect of paragraph 7.1 must be in accordance with the table reflected in paragraph 4.1 and must be substantiated by relevant proof of B-BBEE status level of contributor.

7. SUB-CONTRACTING

7.1 Will any portion of the contract be sub-contracted?

(Tick applicable box)

YES NO

7.1.1 If yes, indicate:

i) What percentage of the contract will be subcontracted............…………….…………%

ii) The name of the sub-contractor………………………………………………………….. iii) The B-BBEE status level of the sub-contractor......................................…………….. iv) Whether the sub-contractor is an EME or QSE

(Tick applicable box) YES NO

v) Specify, by ticking the appropriate box, if subcontracting with an enterprise in terms of Preferential Procurement Regulations,2017:

Designated Group: An EME or QSE which is at last 51% owned

by: EME

√ QSE

√ Black people Black people who are youth Black people who are women Black people with disabilities Black people living in rural or underdeveloped areas or townships Cooperative owned by black people Black people who are military veterans

OR Any EME Any QSE

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4

8. DECLARATION WITH REGARD TO COMPANY/FIRM

8.1 Name of

company/firm:…………………………………………………………………………….

8.2 VAT registration

number:……………………………………….…………………………………

8.3 Company registration

number:…………….……………………….…………………………….

8.4 TYPE OF COMPANY/ FIRM

Partnership/Joint Venture / Consortium One person business/sole propriety Close corporation Company (Pty) Limited

[TICK APPLICABLE BOX]

8.5 DESCRIBE PRINCIPAL BUSINESS ACTIVITIES

……………………………………………………………………………………………………

……………………………………………………………………………………………………

……………………………………………………………………………………………………

……………………………………………………………………………………………………

……..

8.6 COMPANY CLASSIFICATION

Manufacturer Supplier Professional service provider Other service providers, e.g. transporter, etc.

[TICK APPLICABLE BOX]

8.7 Total number of years the company/firm has been in business:……………………………

8.8 I/we, the undersigned, who is / are duly authorised to do so on behalf of the

company/firm, certify that the points claimed, based on the B-BBE status level of

contributor indicated in paragraphs 1.4 and 6.1 of the foregoing certificate, qualifies the

company/ firm for the preference(s) shown and I / we acknowledge that:

i) The information furnished is true and correct;

ii) The preference points claimed are in accordance with the General Conditions as indicated in paragraph 1 of this form;

iii) In the event of a contract being awarded as a result of points claimed as shown in paragraphs 1.4 and 6.1, the contractor may be required to furnish documentary proof to the satisfaction of the purchaser that the claims are correct;

iv) If the B-BBEE status level of contributor has been claimed or obtained on a fraudulent basis or any of the conditions of contract have not been fulfilled, the purchaser may, in addition to any other remedy it may have –

(a) disqualify the person from the bidding process;

(b) recover costs, losses or damages it has incurred or suffered as a

Page 5 of 5

5

result of that person’s conduct;

(c) cancel the contract and claim any damages which it has suffered as a result of having to make less favourable arrangements due to such cancellation;

(d) recommend that the bidder or contractor, its shareholders and directors, or only the shareholders and directors who acted on a fraudulent basis, be restricted by the National Treasury from obtaining business from any organ of state for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied; and

(e) forward the matter for criminal prosecution.

………………………………………. SIGNATURE(S) OF BIDDERS(S)

DATE: …………………………………..

ADDRESS …………………………………..

…………………………………..

…………………………………..

WITNESSES 1. ……………………………………..

2. …………………………………….

SBD 8

DECLARATION OF BIDDER’S PAST SUPPLY CHAIN MANAGEMENT

PRACTICES

1 This Standard Bidding Document must form part of all bids invited. 2 It serves as a declaration to be used by institutions in ensuring that when goods

and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system.

3 The bid of any bidder may be disregarded if that bidder, or any of its directors

have-

a. abused the institution’s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract.

4 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

Item Question Yes No 4.1 Is the bidder or any of its directors listed on the National Treasury’s database as

companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied).

Yes

No


4.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? To access this Register enter the National Treasury’s website, www.treasury.gov.za, click on the icon “Register for Tender Defaulters” or submit your written request for a hard copy of the Register to facsimile number (012) 3265445.

Yes

No


4.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years?

Yes

No


4.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes

No


SBD 8

CERTIFICATION

I, THE UNDERSIGNED (FULL NAME)…………………………………………………

CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT.

I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT,

ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE.

………………………………………... ………………………….. Signature Date

………………………………………. ………………………….. Position Name of Bidder

Js365bW

1

SBD 9 CERTIFICATE OF INDEPENDENT BID DETERMINATION

1 This Standard Bidding Document (SBD) must form part of all bids¹ invited.

2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an

agreement between, or concerted practice by, firms, or a decision by an association of

firms, if it is between parties in a horizontal relationship and if it involves collusive

bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot

be justified under any grounds.

3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to:

a. disregard the bid of any bidder if that bidder, or any of its directors have abused

the institution’s supply chain management system and or committed fraud or any other improper conduct in relation to such system.

b. cancel a contract awarded to a supplier of goods and services if the supplier

committed any corrupt or fraudulent act during the bidding process or the execution of that contract.

4 This SBD serves as a certificate of declaration that would be used by institutions to

ensure that, when bids are considered, reasonable steps are taken to prevent any form

of bid-rigging.

5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9)

must be completed and submitted with the bid:

¹ Includes price quotations, advertised competitive bids, limited bids and proposals.

² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or

lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid

rigging is, therefore, an agreement between competitors not to compete.

2

SBD 9

CERTIFICATE OF INDEPENDENT BID DETERMINATION

I, the undersigned, in submitting the accompanying bid:

________________________________________________________________________

(Bid Number and Description)

in response to the invitation for the bid made by:

______________________________________________________________________________

(Name of Institution)

do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_______________________________________________________that:

(Name of Bidder)

1. I have read and I understand the contents of this Certificate;

2. I understand that the accompanying bid will be disqualified if this Certificate is found not

to be true and complete in every respect;

3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying

bid, on behalf of the bidder;

4. Each person whose signature appears on the accompanying bid has been authorized by

the bidder to determine the terms of, and to sign the bid, on behalf of the bidder;

5. For the purposes of this Certificate and the accompanying bid, I understand that the

word “competitor” shall include any individual or organization, other than the bidder,

whether or not affiliated with the bidder, who:

(a) has been requested to submit a bid in response to this bid invitation;

(b) could potentially submit a bid in response to this bid invitation, based on

their qualifications, abilities or experience; and

(c) provides the same goods and services as the bidder and/or is in the same

line of business as the bidder

3

SBD 9

6. The bidder has arrived at the accompanying bid independently from, and without

consultation, communication, agreement or arrangement with any competitor. However

communication between partners in a joint venture or consortium³ will not be construed

as collusive bidding.

7. In particular, without limiting the generality of paragraphs 6 above, there has been no

consultation, communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market

allocation)

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit, a bid;

(e) the submission of a bid which does not meet the specifications and

conditions of the bid; or

(f) bidding with the intention not to win the bid.

8. In addition, there have been no consultations, communications, agreements or

arrangements with any competitor regarding the quality, quantity, specifications and

conditions or delivery particulars of the products or services to which this bid invitation

relates.

9. The terms of the accompanying bid have not been, and will not be, disclosed by the

bidder, directly or indirectly, to any competitor, prior to the date and time of the official

bid opening or of the awarding of the contract.

³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

4

SBD 9

10. I am aware that, in addition and without prejudice to any other remedy provided to

combat any restrictive practices related to bids and contracts, bids that are suspicious

will be reported to the Competition Commission for investigation and possible imposition

of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998

and or may be reported to the National Prosecuting Authority (NPA) for criminal

investigation and or may be restricted from conducting business with the public sector

for a period not exceeding ten (10) years in terms of the Prevention and Combating of

Corrupt Activities Act No 12 of 2004 or any other applicable legislation.

………………………………………………… …………………………………

Signature Date

…………………………………………………. …………………………………

Position Name of Bidder

Js914w 2